Prenuptial agreements - legislation at last

04 Feb

The Times has reported that the Law Commission will publish a report later this month on new legislation in respect of pre nuptial agreements. The report will contain a draft bill which will receive cross party support.

Read More

Prenuptial Agreements

The Times has reported that the Law Commission will publish a report later this month on new legislation in respect of pre nuptial agreements. The report will contain a draft bill which will receive cross party support.

The law has been reviewed by the Supreme Court in the case of Radmacher v Granitino in 2010. In essence the Supreme Court decided that if pre nuptial agreements were freely entered into then they would be upheld by a divorce court; unless to do so would not have been fair. The law needs reform to ensure that Courts as well as spouses have as much certainty as they can in respect of the contents and enforceability of pre nuptial agreements.

The usage of pre nuptial agreements has increased over recent years and they are no longer just for use by Hollywood stars and the very wealthy. They are a useful way to provide certainty and security in the event of a marriage breaking up. Pre nuptial agreements can help safeguard assets that were built up or obtained before marriage. They can also help safeguard assets for children to inherit or ensure that a family business isn’t affected by divorce.

Dylan Morgan

For more information on Family Law, click here.